41:0512(49)AR - - HHS, SSA, Region IV, Dallas, TX and AFGE Local 1336 - - 1991 FLRAdec AR - - v41 p512
[ v41 p512 ]
The decision of the Authority follows:
41 FLRA No. 49
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on the Union's request for reconsideration of the Authority's decision in 40 FLRA 644 (1991). The Agency did not file an opposition to the request. Because the Union fails to establish that extraordinary circumstances exist which would warrant reconsideration of our decision, we will deny the request.
II. The Decision in 40 FLRA 644
In 40 FLRA 644, the Arbitrator found that the grievant's appraisals were conducted properly and that the grievant was properly rated. We denied the Union's exceptions to the Arbitrator's award. We concluded that: (1) the award did not fail to draw its essence from the parties' collective bargaining agreement; (2) the Union failed to establish that the Arbitrator exceeded his authority; (3) the Arbitrator's award was not based on a nonfact; and (4) the Union failed to establish that the award was contrary to 5 U.S.C. § 4302(b).
III. The Union's Request for Reconsideration
The Union contends that there are extraordinary circumstances warranting reconsideration of our decision in 40 FLRA 644. The Union asserts that the Arbitrator's award and conclusions are inconsistent with "the law [5 U.S.C. § 4302(b)(3)] and its attendant regulations [5 C.F.R. § 430.205(e)] and the contract between the [A]gency and the [U]nion." Request for Reconsideration at 6.
The Union main